Stanley Knapp, Jr. v. North American Rockwell Corporation v. Mrs. Smith's Pie Company, Third-Party-Defendant

OPINION OF THE COURT

ADAMS, Circuit Judge.

The principal question here is whether it was error to grant summary judgment on the ground that one injured by a defective machine may not recover from the corporation that purchased substantially all the assets of the manufacturer of the machine because the transaction was a sale of assets rather than a merger or consolidation.

I

Stanley Knapp, Jr., an employee of Mrs. Smith’s Pie Co., was injured on October 6, 1969, when, in the course of his employment, his hand was caught in a machine known as a “Packomatic.” The machine had been designed and…